A Declaration of War!

Declaration of War required: The contracting parties recognise that hostilities between themselves must not commence without previous and’explicit warning in the form either of a reasoned declaration of war or of an ultimatum accompanied by a conditional declaration of war. The framers of the Hague Rules were agreed to one rule, namely, that an attack… Read More

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Cruelty and Bad Faith in Military Engagements

The law of war not only disclaims all cruelty and bad faith concerning engagements concluded with the enemy during the war, but also the breaking of treaty obligations entered into by belligerents in time of peace and avowedly intended to remain in force in case of war between the contracting powers. It disclaims all extortion… Read More

What is Martial Law & Jurisdiction?

What is Martial Law? Martial Law is simply military authority exercised in accordance with the laws and usages of war. What is Military Jurisdiction (The First Viewpoint)? Military jurisdiction is of two kinds: That which is conferred and defined by statute; and That which is derived from the common law of war. Military offences under… Read More

What is Military Necessity?

“Military necessity justifies a resort all the measures which are indispensable for securing this object and which are not forbidden by the modern laws and customs of war.” (US Army, 1914, p.14). What military necessity admits of (General Order 100, 1864, Article 16): Military necessity admits of all direct destruction of life or limb of… Read More

The Object of War?

“The object of war is to bring about the complete submission of the enemy as soon as possible by means of regulated violence.” (US Army, 1914, p.14). General Order (G.O.) 100, 1863, article 20. “Public war is a state of armed hostility between sovereign nations or governments. It is a law and requisite of civilized… Read More

The Unwritten Rules of War (1914)

In addition to the written rules there exist certain other well-recognised usages and customs that have developed into, and have become recognised as, rules of warfare. These usages and customs are still in process of development. The development of the laws and usages of war is determined by three principles (US Army, 1914, p.14): First,… Read More

The Written Rules of War (1914)

The conduct of war is regulated by certain well-established and recognised rules that are usually designated as “the laws of war,” which comprise the rules, both written and unwritten, for the carrying on of war, both on land and at sea. During the past 50 years many of these rules have been reduced to writing… Read More